don't. the guys in question are president obama and israeli prime minister benjamin netanyahu and a whole lot was made of the fact they did not meet in person when they both travelled to new york for the u.n. general assembly and the white house wants you to know they do stay in touch, that there are phones in the white house and the u.s.-israeli relationship is air tight. mr. netanyahu just seemed to take great pains to smooth over what had seemed like friction between himself and our commander in chief all over how the world should respond to iran. >> i very much appreciate the president's position as does everyone in my country. we share the goal of stopping the iran's nuclear weapons program. this goal you nights the people of israel. it you nights americans, democrats, and republicans alike and it is shared by important leaders throughout the world.

>> dan lothian is joining me live from the white house. a two-part question off the bat. has the phone call happened yet and is this more about appearances, objects, just shutting everybody up? >> two good questions there. first of all, i am sold by senior administration official the call has not yet happened, that it will take place sometime later today and that after that call we will get some kind of readout, perhaps a paper statement that will give us a few brief lines what the leaders discussed. it comes at an interesting time here as you were pointing out, this debate as to why president obama did not meet face-to-face with benjamin netanyahu in new york. the white house said it was a scheduling matter because the president was there early in the week. prime minister netanyahu was we have some brand new court there the latter part of the documents and details that are week and they point out the two actually just coming on-line leaders talk frequently and jay right now about this man, james carney making the point to say that a couple of weeks ago the holmes, who is allegedly behind president did speak with him by that horrifying movie theater phone for more than an hour, so massacre in aurora, colorado. they're trying to show that the court there just released there is this line of communication taking place here, some records that may shed some

but i think what's interesting to note is that yesterday we were tipped off about this phone new light on this case and this call taking place today. man, including details about his that is quite unusual. personal notebook. the way this usually works is some have called it a journal. that the president has a phone whatever it was, he mailed it to call with a world leader, there his university psychiatrist. is a readout that comes later i want to get straight to jim on. sometimes we don't even get a spellman, our cnn correspondent on the ground in denver who is with us now by phone. readout. in fact, jay carney likes to say jim, this is criticalthathe they don't read out every single court has been weighing so heavily on this notebook. phone call. perhaps it is indication of the pressure the white house is at last blush the prosecutors feeling for not having a dumped their efforts to get face-to-face meeting. their hands on this noteok, >> and for his part governor but now we're hearing that the romney is also scheduled to have chain of custody, the way it's be man haned may be a b a telephone call with benjamin problem in this case. netanyahu today. >> well, you know, it's really interesting how this notebook is this about politics? even came to anybody's is this necessary. attention. we've discovered in these how did that get on the agenda? >> perhaps a little of both. documents that the defense team mitt romney who has been for holmes went to the critical saying the president university and said there is a has thrown israel under the bus notebook, there's a package that recently saying the obama will be mailed to you in the administration has a, quote, chronic disregard for the mailroom. we want it. security of israel, so now in because of that and because of the same day that the president all the explosives in holmes' will be having this phone call with benjamin netanyahu, mitt apartments they notify the

romney's campaign saying he, police. bomb squads came. too, will be speaking with him they got a look at the outside by phone. of it, the police there on site. this is a chance for mitt romney to again show that he is a since then after just examine it friend to israel and that he is to be sure it's been safe, it's been sealed, and nobody as of the hearing last week had looked committed to making sure that at it. not the defense. iran does not acquire a nuclear not the prosecution. weapon. >> okay. dan lothian at the white house. not even the judge. thanks very much, live for us there has been a question of it being doctor-patient privilege. this morning. we're on the way of learning it merits repeating that they more about the notebook when have had a strained relationship last week the prosecution changed course and said we don't almost from day one. want this right now. here with me to talk about the we'll get it anyway if an diplomatic implications, foreign insanity defense comes up, so they stopped at that point. affairs reporter elise levitt. fascinating, though, if you hear that this came from holmes' you have been watching this all defense team that they notified authorities that this thing week and seen all the accusations. is what dan just reported on would be being sent. enough to smooth the ruffled >> is there anything in this sc inheseocuments feathers? today,n this preliminary is this over? hearing that suggested he had >> these guys don't love each been banned from campus, that other. they don't love the different styles and i think both of them they were afraid, had he been wanted to provoke each other a little bit. threatening? what else did we get in terms of the reason they never mitt, prime minister netanyahu saying his behavior prior to these alleged killings, murders? strong words about president >> there's been a lot of obama and what he perceived as confusion about whether he was foot-dragging on the so-called red line on iran and so

president obama kind of said, banned from campus. not going to meet with you. >> enough of that. >> and i think at the end of the >> the defense filed a motion. day these two countries, they do they said, look, the prosecution work very closely together and is out of line here. the issue of iran is so he was not banned. important, and there are fundamental disagreements not what happened was he withdrew from the university and in the necessarily on the scope and pace of iran's nuclear program normal course of affairs, his key cards were taken away, and but how to go about it and what he was no longer allowed access to the building because he was that threshold would be for no longer a udent. military action and that's what now, we got that befor this gag the two leaders will be talking order went inteffect. we got that on the record from about. >> threshold. thank you for bringing that up. the university. the judge agreed with the i was watching yesterday prime minister netanyahu pulling up defense he is going to allow the defense to make a public the considartoonish fake bomb. statement despite the gag order look. it shows the point before iran correcting the prosecution on that. at best we can tell from these completes the second stage of documents and what we got on the record before the gag order, he nuclear enrichment to make a bomb would be the red line. wasn't banned because of any threats that were made, but he brought o the sharpy. rather, his key cards and his access were revoked because he critical? it is not as though he needs to himself chose to withdraw from the university. appeal to the people in the >> okay. thanks, jim. room. they know what this is about. is he appealing to the american good work. i kn that sort of public? pouring owe over the stuff is he looking to try to make coming out of that hearing. election hits here? what was he doing?

>> i think he was trying to show it's just wrapped up. the urgency and this cartoon and is he facing 152 charges for everything and a little addingly killing those 12 people gimmicky, but got everyone's and wounding those 58 other attention to the fact that they people. this happened back in july. believe that iran could have a there has been no official plea entered in this case and we nuclear weapon by next spring or still do not know if the man you next summer. basically the difference is are looking at is legally about when to go about this. competent to stand trial, but israel feels before iran gets paul cowen is withser the break to search not only that all the components and goes to assemble, president obama has laid out a red line. issue, but why we can't get our he said that if i see iran hands on more of these documents where we normally can in other proceedings. having all the goods, all the okay, te! after age 40, we can start losing muscle -- ingredients and building a nuclear bomb, i will act. he just doesn't like that red line. >> and let me ask you this. i know that you and i get a chance to talk off air a lot about, come on, what is this? what is everyone saying behind the scenes? i want to know if people are concerned behind the 8% every 10 years. scenes when the rhetoric is loud wow. wow. or if there is another time they but you can help fight muscle loss get worried. >> personally, me and a lot of with ee and ensure me al. analysts and officials that i talk to, they're not necessarily i've ot rev what's revigor? right now worried that iran is it's the amino acid metabolite, hmb going to launch a -- that israel to help rebuild muscle is going to launch a preemptive and strength naturally lost over time.

strike against iran. [ female announcer ] ensure mule health has revigor when you don't here netanyahu and protein to help protect, preserve, going in front of a world and promote muscle health. keeps you from getting soft. audience making a red line or [ major nutrition ] ensure. nutrition in charge! speaking loud or saying things and the atmosphere is very quiet and it is very hush-hush, that's when i would worry about whether there is something going on behind the scenes that we need to worry about. >> as long as we have the description by acme of the bomb, it is not as bad as it seems. >> a little bit of time but not a lot. >> nice to see you in new york this week for the u.n. g 8. state with cnn for the latest on all of this and the expected phone call between president obama and prime minister netanyahu and the other phone call with governor romney. we'll bring you the details as soon as they're available. quick break. i was talking to my best friend. i told her i wasn't feeling like myself... i had pain in my pelvic area... boring. bor and bleeding that wasn't normal for me.

[ jack ] after lauren broke up wi she said i had to go to the doctor. wen theiv page turned out i had uterine cancer, and decided to ...notoring. a type of gynecologic cancer. i received treatment and we're confident i'll be fine. that'srilynow . gia... please listen to your body. really good. yes! icck ] . if something doesn't feel right for two weeks or longer, ♪thisfireirl o [ male anuncer ] use any citi card see your doctor. get the inside knowledge about gynecologic cancers. to get the benefits of private pas more concerts, more en, [ male anuncer ] use any citi card knowing can make all the difference in the world. more experiences. [ jack ] hey, who's boring now? [ crowd cheering, mouse clicks ] wthe future of our medicarend electionsocial secity.g for... [ jack ] hey, who's boring now? man 1: i plan... and what i woman 'mir of the negatids and politicalpin. won d and i deserve ans. anncr: where do e candidaton ih affeeniors today a i find out with the aarp voters' guide at earnedasay.org with less chronic osteoarthritis pain. imagine living your life with less chronic low back pain. imagine you, with less pain.

cymbalta can help. cymbalta is fda-approved to manage chronic musculoskeletal pain. one non-narcotic pill a day, every day, can help reduce this pain. tell your doctor right away if your mood worsens, you have unusual changes in mood or behavior or thoughts of suicide. antidepressants can increase these in children, teens, and young adults. cymbalta is not approved for children under 18. people taking maois or thioridazine or with uncontrolled glaucoma should not take cymbalta. taking it with nsaid pain relievers, aspirin, or blood thinners may increase bleeding risk. severe liver problems, some fatal, were reported. signs include abdominal pain and yellowing skin or eyes. tell your doctor about all your medicines, including those for migraine and while on cymbalta, call right away breaking news on james holmes in if you have high fever, confusion and stiff muscles colorado there's a hearing that's just wrapped up and some materia has come into our possession. or serious allergic skin reactions i wanto just read from you an like blisters, peeling rash, hives, or mouth sores assessment from thdenver post to address possible life-threatening conditions. about some of the documents today suggesting that the police talk about your alcohol use, liver disease whoriy go that package, packagat allegedly sent and before you reduce or stop cymbalta. to his psychiatrist at the dizziness or fainting may occur upon standing. university of olorado. ask your doctor about cymbalta. insi that package was a notebook. imagine you with less pain. some people say it was a journal, and it's been a hot debated topic in this courtroom.

cymbalta can help. go to cymbalta.com this is how the denr post says to learn about a free trial offer. the police handled it. they first looked at it. tht to an x-ray machine. they got a bomb squad technician wearing a s suit to remove the notebook from the package. so i brought it to mike at meineke. we gave her car a free road handling check. at least one police ofr saw i like free. so oth notebook's contents free is good. and then other my money. my choice. my meineke. police detective "fanned the notebook." paul is joining me now live once again to assess the critical aspects of that. chain of custody can mean everything for vi it can destrvidence. i am sure you heard the an it suppressed. expression getting a second chance in life. so much can happen when police we have breaking news. an american has literally been do things they maybe ldn't . t kni don' that this is given a second chance to live. somethg thuldn't have done. does it stand out to you? a philadelphia judge just ruled >> i think they'll be ok ms case chain of custody is really that terry williams will not be importanwhen, say, there's a executed on october 3rd. fingerprint and it goes through we talked about this case on a lot of differenteople and this program last week. this man was scheduled to be put you can't really prove how the inabout notations may to both on wednesday next week for brutally killing another man atre made in notebooks and i in the '80s. n't k s going tm re the cops there is no doubt he is guilty. let's state that. becae ofhe chain of custody it is obvious. but, and there is a big but, his res you

,chf od pr lawyers say that he did this doesn'tuzç eliminate the because he had been repeatedly possibily raped by the man he killed and that the jurors were not given ins, b it depends. maytheyave viated that's wild b more rivile. all the evidence. >> the prosecutors knew that mr. worrd abour, could be aproblem if norwood was alleged to have been thcops were readingtuff t they shouldn't be reading abusing children, was never revealed before. beit wcause icted. they wanted this to be about a >> n, i s going to ta to robbery, and that's the way they you about competcyisth shaded the testimony. >> so today the judge in the case haven't goo t a case has decided that he does mpetency hearing et, but not deserve to die but he does deserve to spend the rest of his about 5 minutes ago we were talk life in prison. jason carol joins me and you about terry williams who is death penalty was stayed. he will not be executed owee have been following this. i am trying to remember all the facts of the case and whether that judge said n this was an expected decision, a did you find anything about surprise, and i am not sure i whether this secondary penalty can put my finger on either. phase which another jury is gointo hear now is going >> as i was sitting in the court last week, to me it was not hear ep death penalty or not? could he b executed still? unexpected simply from the way >> i didn't get to receipted th that the judge was questioning revisiting the issuerom what i have heard by the reports from the prosecution about their case. if i can just backtrack just a people who were in court, it little bit, what was happening sounds to me like the death is both sides were in front of a penalty is still in play with

common appeals court judge the new jury. teresa simeno and the the supreme court of the united states has ruled that you can-- prosecution was saying we did not suppress evidence in this even though t death penalty case back in 1984. gets aside on retrial, you this did not happen. can reimpose the death penalty. if anyone wanted to talk about no violation of the double these allegations of sexual jeopardy clause. >> thank you. abuse at the time, terrance >> so that's what the law is in this ar we have to see williams could have done that. the defense is saying no way, the court'decision. >> thank you, . i appreciate you doing that so this is what happened here. last minute. you had evidence back then in we're flat out of tim show isover. thank yoyouu to and newsroom 1984 that amos norwood had a international starts now with suzanne malveaux. >> okay. sexual relationship. >> the victim. >> the victim, with terrance williams and not only that, you also had evidence back in 1984 welcome to "newsroom that amos norwood, the victim in international." i'm suzanne malrow. the case, had been abusing other we're teaing you around the woin 60 minus. boys as well, and you didn't the grabbed the world's turn that over to the defense. atntion if hu.n. general well, the judge listened to both assembly. sides and said to the defense you're right, this evidence benjamin netanyahu standing wh a le should have been turned over to draw aby h side, a pen in his han showing the defense back in 1984. the jurors should have had an leliteaders lly whed line opportunity to hear that when should be they were making their decision. jurors didn't have an opportunity to hear that and, ashley, you know this. i interviewed one of the jurors from 1984 just last week. they said had i known then what

i know now, i would not have voted for the death penalty. >> not just that juror. already other jurors and actually isn't it the widow of amos as well has come out saying i am not so sure i am comfortable with this death penalty? do i have my wires crossed? >> the widow came out and said that she did not think it would be appropriate at this point for williams to be executed. >> wow. >> she did say that. so at this point here is what's going to happen. the judge has ruled that a new penalty phase is in order. she has stayed the execution which means williams will not at least at this point be executed october 3rd. what does the new penalty phase mean? it means both sides will now reargue their case in front of a jury and the jurors this time will get a chance to hear about those allegations of sexual abuse. >> and when you say argue the case, only the penalty portion of the case, that trial portion which is just so thick and rich with material -- >> that's done. >> that's done. this is a new panel. it is so -- i am not sure that

justice can be done this much after the fact with the brand new group of people who never sat through the trial. jason carroll, excellent reporting. thank you for that. stay for a minute. as we bring you this breaking news that terry williams reprieve, not going to be executed, our legal contributor is also live in atlanta for me. wow. i like to call these things chewy, legal issues and it is great that you're here today to talk about this. you're going to have to walk me through this a bit. i am trying to rack my brain to find out why there is no issue of double jeopardy here, why there is a second penalty phase. once there is an adjudication where someone gets a reprieve, how you can you redecide death? >> here is why there is no double jeopardy. in this particular situation the jury is just going to be deciding whether the sentence was appropriate or not. double jeopardy applies when someone has been found not guilty and new evidence comes and the prosecution wants to try them again.

the constitution prohibits a retrial. >> wait, wait. before you go further, i get that. in certain circumstances when states over turn death penalties like charles manson was on death row and then california decided, you know, it is not for us, the death penalty is not for us, whack to the death penalty now, his death penalty was over turned. he is in for life now. and he can never go back to a death penalty because that would be considered double jeopardy. correct me if i'm wrong. >> well, the point you're raising is can death be rei am imposed in the penalty phase and i don't think it is clear it can be. i haven't seen the judge's decision. it is quite possible because, remember, he doesn't even have to get life without parole now maybe because he has been in for so long. maybe because the judge wants to give him a lighter sentence because of these facts that are now known. it is going to be a lighter sentence. i don't know that the death penalty will even be in play in the new trial. i think it is going to definitely be a lesser offense,

but bear in mind something else. you were talking about it earlier about the rich history of this case and the brutal facts of the original murder. all of that is going to come out again, and i will tell you why. the jury gets to take into consideration how the murder took place. whether it was a rage killing based on this abuse, sexual abuse, or as they said in the first trial, that it was a straight robbery, and that's why this thing was so important. jurors, if they think it is a rage killing because you are killing somebody who abused you, they're very unlikely to sentence somebody to death. >> makes a difference. let me ask you an important question about jurors and their opinions after the fact. the juror that jason carol interviewed said had i know, i never would have. jurors have often said that. legally, we don't often have to give jurors some of those kinds of bits and pieces of information because it can be prejudicial for the wrong reasons. in this particular case this juror said we never knew that life in prison without parole

was an option, and had we known, we would have voted differently. you're not allowed to know about that stuff anywhere, are you? >> no, you're not. in fact, we know, because we've had reporters interviewed the jurors, their opinions are totally irrelevant. the judge did not take that into consideration. what the judge looks at is one thing. if the jury had this one piece of evidence that this guy had been sexually abused by the person he murdered, if they had that in their hands, could that have affected the sentence? the judge said, you know something, it absolutely could have. that's why the judge has ordered a new penalty phase, and as i said, i have not seen the decision, so i don't know what the judge has ordered in terms of whether the death penalty remains in play or not. >> we're working on it. >> i have to look at that and read that before i can give you a firm opinion on it. this is big. >> you stay put if you can, paul, ifou have time. i have other legal issues i want to talk about and get the decision in our hands and since it is breaking news chew on this a little further and in the meantime, stay put.

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i am just not sick of it at all. this campaign trail is completely awash with foreign policy snipes and criticism over the economy and crippled unemployment rate. when it comes to health care, crickets. radio silence. despite the issue completely dominating the debate for most of the year. it does not mean you don't care about health care and that it has disappeared from the agendas. oh, no. here is dr. sanjay gupta with their positions and their plans when it comes to your health. >> since president obama's health care law was enacted 3.1 million people under the age of 26 will covered by their parents' plans and preventive care is covered 100% by insurance companies. seniors in particular have benefitted on prescription drugs. >> seniors who fall in the coverage gap known assist the doughnut hole will start getting help. they will receive $250 to help pay for prescriptions and that will over time fill in the

doughnut hole. >> 5.5 million seniors saved a total of nearly $4.5 billion on prescription drugs since the law was enacted. that's according to the health and human services department. >> i have strengthened medicare. we have added years to the life of medicare. we did it by getting rid of taxpayers subsidies to insurance companies that weren't making people healthier. >> by 2014 the law requires everyone to have health insurance, whether they purchase it themselves or through their employers. insurers cannot deny you if you have a preexisting condition or increase your rates. in hopes of covering more people the law plans to expand medicaid to the states with the aim of covering 17 million more people. the supreme court ruled in june that it was up to each state to decide whether to expand coverage. the law has become a cornerstone of the obama campaign. >> i refuse to eliminate health insurance for millions of americans who are poor and elderly or disabled all so those

with the most can pay less. >> romney says the affordable care act is unaffordable. >> we know that health care is too expensive. obama care doesn't make it less expensive. >> romney and paul ryan propose to cap malpractice insurance, cut medicaid by $810 billion over the next ten years, give states more control over their medicaid funds, overhaul medicare. the overhaul, people now younger than 55. when they reach retirement, would have the option of getting a voucher to purchase private insurance or they could stick with traditional medicare. >> this financial support system is designed to guarantee that seniors can always afford medicare coverage no exceptions. >> while the repeal of obama care would get rid of the prescription drug benefit to seniors, romney doesn't want to take out all of the law's provisions. >> we have to make sure that people who have preexisting

conditions are able to get insured and that folk that is get sick do not get dropped. >> the president of the american action forum doesn't support the current law. >> both sides agree the amount we spend on medicare has to be capped. they just disagree on how to get there. romney and ryan say what we're going to do is the give the money to seniors, give them a place to go shop for competing care they go to another t like choice and that will meet the cap. >> he supports the law and writes about health care for the new republic. >> the obama budget says we want to hold down costs to this target and we're going to do our very best to accomplish that. we're also not going to sacrifice benefits. no matter what happens, we will make sure that seniors get the same level of benefits they're getting now. >> both obama and romney agree that health care needs to be more affordable. they just disagree about how to do that.

>> dr. sanjay gupta, cnn reporting. the writer's desktop and the coordinator's phone are working on a joke with local color. the secure cloud just received a revised intro from the strategist's tablet. and while i make my way into the venue, the candidate will be rehearsing off of his phone. [ candidate ] and thanks to every young face i see out there. [ woman ] on of his bigst supporters. [ female an with cisco at the center... working together has ner worked so well.

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i know they're out there chanting at his events four more years. let me ask you this. do you want four more years with 23 million people struggling to find a job? >> you know, that's the kind of thing we hear a lot, especially from christine romans who happens to be sitting on the set with me right now. jobs, jobs, jobs. look at these. she throws these on my desk all the time and expects me to make sense of it in seconds flat. i wanted to play that sound bite before your segment today because there has been some rejigging of economic news that may throw water on the powerful linchpin of the campaign. >> economists, government economists are always scrubbing and redoing the numbers. we now know after having redone, revised 2011 numbers that the labor department says the president is now technically a

net job creator, and here is why. he lost 4.3 million jobs in the first year of the administration and the new data shows that 4.4 million have been added back since then. he is up 125,000 jobs over the four-year period. technically the talking point that the republicans used that he is the obama job market, the obama economy, net fewer jobs todahe obama took office, now no longer true. >> that talking point is gone. however, doesn't mean there is a great talkin po for the administration. >> can the democrats fight this one? it is not a great one. >> they're not spiking the football because they have no reason and there is another number, the labor participation te. many pple will say te most important number is 1981, the last time you had so few amerans actually in the labor rket, such a small share of americans in the labor rk pele have becomelost their way,f the labor market, and so that is

troubsign. you want more people involved in lab market, the mostdynamin th world. >> they may not be able to spike the football but say lookat we got handed and at out of tha. >> i think they can't be goi on w what we got handed anymore. they didn't make the problem. they haven't fixed the problemeh . w are ey going to fix it? >> you do this this fast? you figure this out? you e so smart. >> wait a minute. kitty makes this. this is like some mic that comes out of her computer. i am just the numbers girl. >> romans 2015. thank you, christine. do appreciate that. thank you very much. i want to take you to ent. women typically don't really ha place in society there. trust me. been th theydon't. ismic extremists often use ce tkeep g from getting an education. there ne wom that braved all of that to set up a free schoolor girls nea she is this week's cnn hero. in afghanistan most of the

ve no voice. th used as property of a family. the piure is very grim.s the founder of a girls school in afghanistan. when we opened the school in 2008, 90% of em could not write the name. than ad00% of them are educate they can write. i lived in the u.s. for over8 9/11. but i was really affected i really wanted to prove that muslims are not terrorists. i came back he in 2002. have been the most oppressed, and i thoughtave to do mething. it was a struggle inthe beginning. uld si with these men, and i would tell them don't marry thhey're 14 years old. they want to rnea>> h do you wr

father's name? after ve years t n, they're proud of their girls. when they theelvesan write >> very good. >> still, we have to takeis th and give girls options. so many people are so much against girls getting educated. we provide free education to over 350 girls. i think it is like a fire that will grow every year my hope becomes more, i think, i can see the future. top 10 cnn hero honorees for 2012 have been revealed and this is where you come in. you can vote now for your choice for hero of the year. just go to cnnheroes.com and vote to your heart's content. what is that? s you!

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in the wake of a veritable slew of swing state polls leaningt are neck and neck, so have a look at this. nbc news andwall street journal" likely voters in the state of nevada suggesting that president obama l holds a lead but only a twpoinlook at t. that itical same gap, same order, state north carolina. 48% backing the president. 46% backing mitt romney. again, check it out. there is a margin. we also have some new nationwide

poll of polls and here the es h a point ad and as we like to remind you there is no sampling error, so those are the numbers. that's why it is critical to bring in my friend and colleague wolf blitzer. i will give you props right off the top of this gment, mr. blitzer because yesterday you were talking about how the polls campaign because they're somehow skewed but this poll of polls we did factored in fox news. you can't make that same claim. way to go. ne day after you said that we factored in the fox numbers. the fox poll is a god it is very reliable like t poll or the cbs or the abc and certainly our own cnn poll an all of ese, you get a sn. you get a friend of what's going on right now. that doesn't mean it is going tt ue to go on n weor three weeks from now but it is a at e pol, leh gog on.

to see where they were a month ago, two weeks ago, whehe are now so you canal out as you asey, asimts the national polls are, the battleground state polls in ohio and virginia and florida, for exame, these are the critical lls because that will determine who gets the 270 electoral votes. >> let me get you onto another topic that's making news today, the debates. both of the sides are taking great pains it seems to lower the expectations for their candidates. let me start with a memo that came from mitt romney's senior advisor beth myers. i will read. president obama is widely regarded as one of the most talented political communicators in modern history. this will not eighth one-on-one presidential debate of his political career. for mitt romney it will be his first. i suppose the question is it is games man ship on most accounts but does it work? >> they're trying to lower expectations. they're trying to make the other side seem fabulous, great debaters if you will. i think everybody is onto what

they're saying in advance of the debates. yi thinthey're boso debaters, the prident of the united states, i moderate rated four debates fo yrs ago when he didates and didn't have to do any this cycle because no one was challenging him forhe democratic presidential nomination. i did moderate four last time including that final one-on-on debate that he did with hillary clinton at the kodak theater in los angeles and he is very good and hillary clinton i thought was a better debater and ironically joe biden and chris dodd did really well and the president obviously got the democratic nomination. he is a very solid debater. i moderate rated four republican presidential debates with mitt romney and i have the same feeling about him. very solid. knows his stuff. these will be really good debates. they both know their stuff and i am looking forward to it and i am not lowering or raising anybody's expectations. i think the challenge will be on both to get the job done 90 minutes. there are strict rules as you

know next wednesday night, how long they can speak and rebuttle and what the moderators can do if you will and so it will be good. it will be good television. i think the undecided voters ll get a better chance. >> i you what. i got to make sure viewers know that it is not just mitt romney's camp th beenoi this, that president obama's camp has lowered skpp stations as well saying that, look, mitt romney's had the primary season. he is seasoned. he has been practicing. they're both doing it. let me switch gears quickly. you have to comment on the todd akisue. the deadline passed for the missouri senate candidate to roveial remarks aboutter the rape, et cetera. now he has come with another comment. i was astounded. he is referring to his challenger, claire mccaskill, as having saying the incumbent, excuse me, saying in 2006 mccaskill had a confidence and was very much more sort of

ladyke. ladylike. is this getting -- i don't know what that means. for crying out loud, it is 2012. is it getting traction? >> he is a nightmare for the republican establishment. mitch mcconnell, the republican leader in the senate would so much like to be the majority leader replacing harry reid, but if mccaskill wins in missouri, and she was in deep, deep trouble until he made all the ridiculous comments we're familiar with by now, she has a good chance of getting herself re-elected, and the problem is ebb he could bring relatively vulnerable rat dowli well, scot brown in massachusetts, linda mcmahon running for the senate seat in connecticut, so this could potentially be a nightmare if a lot of the establishment republicans change their mind and decide to go into missouri and raise money for them and ovide money for them and help them out and i don't think they'ldohaivt they have said about him but he is

getting a little support even newt gingrich the other day came out and said you have to help this guy. it is a pblem for republica because, 28 and they had a shot in 2010 i should say, and they had a shot of gettinthe majority, buthe ndida whether delaware, colorado, nevada, and they got the minority status in t s a result. >> iell you what. there are a couple of republicans who were throwing him under the bus when the legitimate rape comments came out and as soon as they knew they were stuck with i am had, holy cow. >> the chairman of the republican party, the republican if they changes their minds and go ahead and work for him, that will be a problem. >> and people that threw him under the bus back then, many of them have come back and said this guy is great, behind him 100%. wolf, thank you. always love it when you're on my program and love it when you're on your program. situation room, 4:00 eastern. big tease for the how. thank you, wolf. we're jt days as well

from the debate that wolf was just mentioning, the sqre off, the big fto-fac first presidential debate starts wednesday night. watch it live, 7 eastn, cnn. or cnn.com. ni to have a choice. @

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it is one of the most notorious unsolved cases in u.s. history, the disappearance and the death of former teamster boss jimmy hoffa. now police have a brand new lead, all these years later. crews in fact were digging at this home just outside of detroit just this morning. the investigators have taken a few samples to determine if there may be any human remains buried here and all because of a tip, a tip that came from a man who had this information for the last 37 years and an author and an expert on hoffa gave us this insight about the tipster on early start. >> he is a gambler who had aiona book maker in detroit who was working with tony giacalone. what's interesting is tony giacalone is one of the two people jimmy hoffa was supposed

to meet. >> he tel cnn he thinks the tip is credible although he is not convinced they jimmy hoffa's body. memo. there have been tips before that have been considered credible and turned out to be nothing. ove onto this. a man that allegedly made the anti-islam video caused a real bunch of problems around the world. blamed for the deadly protests in the muslim world and now he is under arrest. it is official. nakoula basseley nakoula is accused of violating his own pration fr check fraud conviction that he got two years ago. the judge said no bail for you. the judge saidhat he has been engaged in a pattern of deception and even said he could be a flight risk.